Foxworth, MS asked in Civil Rights and Education Law for Mississippi

Q: Is it legal for teachers to lead prayer before lunch everyday?

Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in a situation where he has no choice but to be a part. We are worried about alienation if we go to the school with this and we really don’t even know if this is allowed or not according to state law. Before any feathers are ruffled I would like to know if it is permissible for a teacher to be leading a daily prayer for a class of kindergartners in a government funded school.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor religious activities. This means that a teacher leading a prayer in a public school, especially to a class of kindergarteners, is likely unconstitutional, regardless of the state.

Your concern about your son being subjected to religious practices in which you do not participate is understandable. If this is happening at your son's school, you have the right to address it with the school administration. It’s advisable to approach the school in a respectful manner, expressing your concerns and asking for adherence to constitutional requirements regarding religion in schools.

If the issue isn't resolved at the school level, you might consider seeking legal advice. An attorney can provide specific guidance on how to proceed, potentially involving the school district or taking legal action if necessary.

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